MITHLESH JAIN Vs. RENT TRIBUNAL

JUDGEMENT

(1.) By this writ petition, a challenge has been made to the orders passed by the Rent Tribunal, Sawai Madhopur as well as Rent Appellate Tribunal, Sawai Madhopur. By the aforesaid orders, application for eviction of the tenant was allowed.

(2.) An application under Sec. 9 of the Rent Control Act, 2001 (for short 'the Act of 2001') for eviction was filed by the non-petitioner/applicant on the ground of necessity of shop for the plaintiff's son and for the plaintiff himself. In the said application, allegation of default in making payment of rent and availability of alternative shop to the defendant were also made, but not pressed. After exchange of the pleadings, the parties submitted their affidavits. Petitioner moved an application to seek permission to cross-examine applicant's witnesses. The prayer made therein was not accepted by the Rent Tribunal, however, it was observed that if necessity arises to permit the cross-examination, order would be passed at the time of final hearing.

(3.) The Rent Tribunal allowed the application for eviction vide its order dated 12.8.04. The order of eviction was passed on the ground of personal necessity of the plaintiff and at the same time, necessity of applicant's son was not accepted. Aggrieved by the order of the Rent Tribunal, both landlord and tenant filed appeals before the Rent Appellate Tribunal. The Rent Appellate Tribunal dismissed the appeals filed by both the parties.